Opinion

Bennett-Nelson v. Louisiana Board of Regents

  • 431 F.3d 448
  • 17 Am. Disabilities Cas. (BNA) 581
  • 2 Accom. Disabilities Dec. (CCH) 12
  • 2005 U.S. App. LEXIS 25603
  • 2005 WL 3150630
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 28, 2005
Status
Published
Author
Jones
On the bench
Jolly, Higginbotham, Jones
Cited by
143 cases
Authority
More cited than 23.8%

explaining that the only material difference between the rights and remedies afforded plaintiffs under Title II and Section 504 lies in their' respective causation requirements, but that this difference was immaterial where the plaintiffs claims are based on a failure to make reasonable accommodations for disabled individuals

How later courts described this case

  • explaining that the only material difference between the rights and remedies afforded plaintiffs under Title II and Section 504 lies in their' respective causation requirements, but that this difference was immaterial where the plaintiffs claims are based on a failure to make reasonable accommodations for disabled individuals
  • explaining that “having already held that sovereign immunity does not bar the appellants’ claim under [the Reha- bilitation Act], we need not address at this juncture the issue of abrogation under Title II of the ADA, because the rights and remedies under either are the same for purposes of this case”
  • holding that the court need not address the issue of abrogation under Title II of the ADA because the Rehabilitation Act claim was not barred by sovereign immunity and afforded the same rights and remedies
  • explaining that the only material difference between Title II of the ADA and § 504 of the Rehabilitation Act lies in them respective causation requirements

Written by the judges who cited it.

The opinion

EDITH H. JONES, Circuit Judge,

concurring:

I concur in the judgment and in the majority’s opinion. In my view, it would have been appropriate to decide whether Tennessee v. Lane extends Congress’s permissible abrogation of state sovereign immunity in ADA Title II beyond its precise purview, i.e., the fundamental right of access to the courts, and into the field of education. Tennessee v. Lane, 541 U.S. 509, 533-34 , 124 S.Ct. 1978 , 158 L.Ed.2d 820 (2004). See Pace v. Bogalusa ISD, 403 *456 F.3d 272 , 303 (5th Cir.2005)(Jones, J., concurring in part and dissenting in part).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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